[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Rules and Regulations]
[Pages 11748-11749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02917]


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GENERAL SERVICES ADMINISTRATION

48 CFR Parts 519 and 570

[GSAR Case 2022-G519; Docket No. 2024-0006; Sequence No. 1]
RIN 3090-AK78


General Services Administration Acquisition Regulation; Removing 
Small Disadvantaged Business Program Requirements To Align With the FAR

AGENCY: Office of Acquisition Policy, General Services Administration 
(GSA).

ACTION: Final rule.

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SUMMARY: The General Services Administration is issuing a final rule 
amending the General Services Administration Acquisition Regulation to 
remove Small Disadvantaged Business Program requirements references to 
align with the Federal Acquisition Regulation for consistency.

DATES: Effective February 15, 2024.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Curtis Hauschlidt, GSA Acquisition Policy Division, at 
<a href="/cdn-cgi/l/email-protection#8acdd9cbd8dae5e6e3e9f3caedf9eba4ede5fc"><span class="__cf_email__" data-cfemail="6a2d392b383a05060309132a0d190b440d051c">[email protected]</span></a> or 817-253-7858. For information pertaining to 
status or publication schedules, contact the Regulatory Secretariat at 
202-501-4755 or <a href="/cdn-cgi/l/email-protection#c582968497a0a2b6a0a685a2b6a4eba2aab3"><span class="__cf_email__" data-cfemail="90d7c3d1c2f5f7e3f5f3d0f7e3f1bef7ffe6">[email protected]</span></a>. Please cite GSAR Case 2022-G519.

SUPPLEMENTARY INFORMATION:

I. Background

    Federal Acquisition Regulation (FAR) subpart 19.12, Small 
Disadvantaged Business Participation Program, and all references to it, 
were removed from the FAR on October 14, 2014 (FAR Case 2009-016, 79 FR 
61746). This removal followed a Federal court ruling that declared 10 
U.S.C. 2323 unconstitutional. FAR subpart 19.12 derived its authority 
solely from 10 U.S.C. 2323, thus necessitating its removal. While 
removal from the FAR was made, no conforming changes were made to the 
General Services Administration Acquisition Regulation (GSAR). Upon 
routine regulatory review of the GSAR, this discrepancy was observed 
and removal was determined necessary. This final rule aligns the GSAR 
with the FAR.
    To summarize, GSAR subpart 519.12 is removed and reserved for 
future use. All mentions of GSAR subpart 519.12 are also removed, as 
well as corresponding mentions to FAR subpart 19.12 and corresponding 
clauses, which have been removed from the FAR. Changes made are as 
follows:

[[Page 11749]]

    <bullet> Removal of GSAR subpart 519.12. Reservation of GSAR 
subpart 519.12.
    <bullet> Removal of reference to GSAR subpart 519.12 from the table 
at 570.101.
    <bullet> Removal of reference to FAR clauses 52.219-24, 52.219-25, 
and 52.219-26 listed at 570.701.
    <bullet> Removal of reference to FAR 19.1202-4(b) from GSAR 
570.306.

II. Publication of This Final Rule for Public Comment Is Not Required

    The statute that applies to the publication of the GSAR is the 
Office of Federal Procurement Policy statute (codified at title 41 of 
the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires 
that a procurement policy, regulation, procedure or form (including an 
amendment or modification thereof) must be published for public comment 
if it relates to the expenditure of appropriated funds, and has either 
a significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This rule is not required to be published for public comment because 
GSA is not issuing a new regulation; rather, this rule is merely 
removing the Small Disadvantaged Business Program requirements from the 
GSAR to better align with the FAR for consistency.

III. Executive Order 12866, 13563, and 14094

    Executive Order (E.O.) 12866 (Regulatory Planning and Review) 
directs agencies to assess all costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributive 
impacts, and equity). E.O. 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. E.O. 14094 (Modernizing Regulatory Review) supplements and 
reaffirms the principles, structures, and definitions governing 
contemporary regulatory review established in E.O. 12866 and E.O. 
13563. The Office of Information and Regulatory Affairs (OIRA) in the 
Office of Management and Budget (OMB) has determined that this is not a 
significant regulatory action and, therefore, is not subject to review 
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated 
September 30, 1993.

IV. Congressional Review Act

    OIRA has determined that this rule is not a major rule under 5 
U.S.C. 804(2). Subtitle E of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also known as the 
Congressional Review Act or CRA, generally provides that before a 
``major rule'' may take effect, the agency promulgating the rule must 
submit a rule report, which includes a copy of the rule, to each House 
of the Congress and to the Comptroller General of the United States. 
The General Services Administration will submit a report containing 
this rule and other required information to the U.S. Senate, the U.S. 
House of Representatives, and the Comptroller General of the United 
States. A major rule under the CRA cannot take effect until 60 days 
after it is published in the Federal Register.

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not 
apply to this rule, because an opportunity for public comment is not 
required to be given for this rule under 41 U.S.C. 1707(a)(1). 
Accordingly, no regulatory flexibility analysis is required and none 
has been prepared.

VI. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 519 and 570

    Government procurement.

Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of 
Government-wide Policy, General Services Administration.

    Therefore, GSA amends 48 CFR parts 519 and 570 as set forth below:

0
1. The authority citation for 48 CFR parts 519 and 570 continues to 
read as follows:

    Authority: 40 U.S.C. 121(c).


Subpart 519.12  [Removed and Reserved]

PART 519--SMALL BUSINESS PROGRAMS

0
2. Remove and reserve subpart 519.12, consisting of sections 519.1202 
and 519.1202-2.

PART 570--ACQUIRING LEASEHOLD INTERESTS IN REAL PROPERTY

0
3. Amend section 570.101 in table 1 to paragraph (b) by revising the 
entry for 501 to read as follows:


570.101   Applicability.

* * * * *
    (b) * * *

     Table 1 to Paragraph (b)--GSAR Rules Applicable to Acquisitions of Leasehold Interests in Real Property
----------------------------------------------------------------------------------------------------------------
 
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501.............................................................      515.209-70  ..............         536.271
 
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* * * * *

0
4. Amend section 570.306 by revising the introductory text of paragraph 
(d) to read as follows:


570.306   Evaluating offers.

* * * * *
    (d) The contracting officer may obtain information to evaluate an 
offeror's past performance on subcontracting plan goals and monetary 
targets from the following sources:
* * * * *


570.701   [Amended]

0
5. Amend section 570.701 by:
0
a. Removing paragraph (h);
0
b. Redesignating paragraphs (i) through (l) as paragraphs (h) through 
(k); and
0
c. Removing paragraph (m).

[FR Doc. 2024-02917 Filed 2-14-24; 8:45 am]
BILLING CODE 6820-61-P


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